▪ ensure the readiness for dispatch of the Equipment to the Buyer in a timely manner, which occurs no more than 75 (seventy-five) calendar days after the transfer of payment in accordance with point 1 of the Payment Conditions to the Supplier's settlement account;
▪ ensure the shipment of the Equipment to the Buyer in a timely manner, no later than 15 (fifteen) calendar days after the transfer of payment to the Supplier's settlement account in accordance with point 2 of the Payment Conditions. The delivery time is not the subject of this invoice contract;
▪ the installation, commissioning of the equipment and the training of personnel within a period not exceeding 10 (th) calendar days from the delivery of the equipment to the installation site or on other dates negotiated between the parties, provided that the buyer fulfills all obligations under this invoice agreement. The device must be installed in the agreed installation location.
The buyer is obliged:
▪ pay for the equipment, software and services in accordance with the terms of this Billing Agreement;
▪ ensure the delivery and unloading of the equipment directly to the place of installation and carry out, at its own expense, all customs procedures related to the export of the equipment from the country of dispatch;
▪ to cover the delivery of equipment and travel costs for the supplier's assembly team, which will be charged in a separate invoice;
▪ ensure the presence of its technical staff during the installation of the equipment for training by the supplier's specialists. In the event that the Buyer's specialists are not present during the installation of the Equipment, the Supplier is not obliged to carry out this training. Subsequently, such training of the Buyer's personnel may be carried out on the Supplier's territory by a separate agreement;
▪ Preparation of the clean, dry and chlorine-free premises for the installation and commissioning of the device in accordance with the operating instructions, dimensions and electrical requirements of the device. Equipment cannot be installed if the premises are under construction and have not been approved by local construction and safety authorities;From the supplier From the buyer
▪ to provide an Internet connection for the device. Returns. The equipment is built to order;There are no returns or refunds for any reason. All payments are non-refundable. Payment in accordance with this Invoice Agreement constitutes full acceptance of these Invoice Terms and the Return Policy. Security. The buyer is obliged to comply with all safety rules established by the supplier and described in the operating instructions
and practices, as well as all applicable state and local safety regulations and laws. Buyer shall at all times protect all persons and property from injury, damage or loss and shall only use equipment properly inspected and certified by Supplier and properly licensed and qualified instructors. Any person attempting to use the device must sign a liability waiver. Each release of liability must be signed and dated. It should contain the name of the participant and the name of the owner of the equipment. Both the participant and the equipment owner should retain a copy of the liability release form.
Insurance.
In the event that Buyer elects to use the Equipment for commercial operations, Buyer is required to obtain and maintain commercial liability insurance in full at its own expense. Such insurance includes coverage for contractual liability (applicable to the terms of this Agreement), personal injury liability, advertising liability, property damage liability and personal injury liability (including death), as well as products and completed transactions.
Compensation.
Buyer hereby agrees to indemnify and hold harmless SkyTechSport, its parent and affiliates, and each of their respective officers, directors, shareholders, owners, employees, agents, attorneys and the Venues (collectively, "SkyTechSport Released Parties") from and against any and all claims, fines, actions, causes of action, liabilities, losses, damages and/or costs (including reasonable attorneys' fees, court costs and related expenses) arising out of or relating to the acts or omissions of Buyer and/or the Equipment Connection shall be free from any liability provided under this Billing Agreement, including, but not limited to, claims for personal injury, personal injury, death or property damage. Confidentiality. In connection with the Order, Supplier and Buyer may have access to confidential information, including, but not limited to, inventions, developments, know-how, specifications, business plans, test results, systems, financial information, product information, operating methods, customer information, supplier information and compilations of data ("Confidential Information"). Both parties may only use Confidential Information for the purposes provided for in this Billing Agreement and may not disclose it to third parties or otherwise use it for their own benefit. Confidential Information does not include information that is or becomes publicly available without breach of this Agreement. Buyer's failure to enforce any of the provisions of this Agreement shall not be construed as a waiver thereof.
1. The supplier guarantees the equipment within the period of 24 (twenty-four) months from the date of delivery of the equipment, provided that the buyer complies with the rules of service regulations and the equipment
Maintenance service according to the operating instructions and information sheet on the device. During the warranty period, the supplier guarantees the free repair of parts of the equipment or their replacement (if this is impossible
B. Repair) if they become unusable due to the fault of the supplier. The Supplier will not make any compensation payments to the Buyer associated with downtime of the Equipment during warranty repair.
2. During the installation of the equipment, the supplier shall provide training on the operating rules and basics of equipment maintenance to one or two of the buyer's specialists. These specialists should be certified by the supplier to carry out maintenance work on the equipment, which is reflected in the relevant certificate of operation from the supplier from the buyer. In the event that the Buyer's specialists are not present during the installation of the Equipment, the Supplier is not obliged to carry out this training. Subsequently, such training of the buyer's personnel can be carried out on the supplier's territory by a separate agreement
3. Basic routine maintenance of the equipment should be carried out by the buyer's specialists who are trained and certified by the supplier.
4. The order of warranty repair of the device:
▪ in the event that repair of the equipment is required during the warranty period, the buyer's specialist, certified by the supplier, should diagnose, identify and replace defective parts of the equipment. If necessary, the supplier will provide advice and support, including through remote access means (e.g. to correct software errors). Upon identifying defective parts of the Equipment, the Supplier shall send the relevant parts to the Buyer for replacement within 3 (three) working hours.days. The purchaser is obliged to return defective parts to the supplier upon request.
▪ If the detected malfunction of the equipment cannot be corrected by the buyer's specialists, the supplier will send its representative to the buyer's location to repair the equipment. In this case, if the necessary repairs could have been carried out by the buyer's specialists, and so the buyer's representatives came to the supplier was not necessary or the malfunction was due to a violation of the supplier's operating equipment equipment, the buyer should cover the supplier's costs related to travel and working hours of his representatives: transportation and fees for the effective working time (not the travel time) of the specialist at the rate 50 EUR/hour.
5. The buyer is obliged to operate the equipment in accordance with the instruction manual of the equipment, including safety measures while using the equipment.
6. Any dispute between the parties arising from or related to this invoice agreement should be resolved through negotiations between the contracting parties.
MISCELLANEOUS
Force majeure.
The parties shall not be liable for any delay in performance or failure to perform their obligations under this Agreement if the delay or failure results from circumstances or causes beyond the control of the parties, such as:B. a war (including civil war), riots, sabotage, embargo, fire, flood or other natural event, explosion, acts or omissions of government authorities, strikes, etc. All of these circumstances are considered force majeure circumstances. Immediately upon receipt of information about the onset of force majeure circumstances delaying or otherwise affecting the performance of this Agreement, the parties must notify each other in writing thereof no later than 15 (fifteen) days from the time of their commencement. The parties shall not be liable for any damages, losses, claims or other costs that may arise due to force majeure. This invoice agreement must be read together with the operating instructions for the devices and the appendices; together they form one and the same agreement. Any payment made pursuant to this Invoice Agreement constitutes full acceptance of its terms and conditions.
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